from this point, it might get ugly

[salsabike]

Mimi, I am not positive about this but I believe you can dispute a credit card charge even after it's shown up on your bill--that's the whole point of the credit card dispute process. It's not like having a check cashed and now irrevocable. You file a dispute with your CC company saying you did not get what you ordered.

I'd try to return it for a FULL refund and find someone easier to work with, myself.

[Xrayted]

Mimi - maybe no one from CT has spoken up, but I'm only about an 9 hour drive from there. Just give me something to mapquest and I'm gone.... (Kit is definitely rubbing off on me. )

[xeney]

I am going to suggest a slightly different approach, which is to keep the credit card option as a backup, but try to resolve it with him first. I'm with the people who think you should just return the frame -- you are in a position where you are going to need really good customer service now to make sure that you get what you ordered without having to wait a very long time, and this guy has demonstrated that he is not going to give you good customer service.

But the way I understand it, you can't dispute the credit card bill until you've given the merchant a chance to make it right. So you have to go to him first. I wouldn't, if it were me, give him the option of fixing the frame; I'd first make a list of all the things that weren't done (was the bridge moved to accommodate fenders? I didn't see if that question was answered), and then I would write him a letter listing what he said he would do vs. what he actually did, and then I would ask for a return shipping label so that you can return the frame. I would send that letter certified mail along with copies of anything you have in writing (including e-mails).

I might also e-mail or fax him a copy of the letter so that it gets there more quickly. Give him a deadline, as well: you want the return shipping label within two weeks and you expect to have your money refunded within 30 days after you return the frame. Don't be snippy or snide, just be very matter of fact. That works best in these situations.

He will probably comply. Most business people do when they get a certified letter. If not, wait out the thirty days, and then take it up with your credit card company. (You might want to call them to verify any time limits, but I am pretty sure that they are going to require you to attempt to settle the dispute with him first.)

[Eden]

And now for something totally different.....

It doesn't take away from the frustration of not getting what you asked and paid for, but...

You can put fenders on a bike without brazons. You can get speed fenders or with some creativity you can put on full fenders. We require all of our riders to have fenders in the winter and racing bikes nearly never have eyelets. I've seen some very creative jobs indeed, many involving pipe hangers or hose clamps - just be sure to protect your paint job with some electrical tape. Now if you wanted to put on racks for touring it would be a different thing, but fenders are still doable.

[Blueberry]

I do think you can dispute the charge even after it's shown up on your bill, and been paid, but I think there's a relatively short window to do so (60 or 90 days). I'd call the card company ASAP and at least give them a heads up that there's a problem and you're trying to work through it with the guy.

Good luck - it sucks to wait so long for something and then not have it be right. We went through the same with our bike fridays - the difference is that the company was horrified, and has since made it right!

*hugs*

Carrie Anne

[mimitabby]

Hey guys, just got back from my 5 mile walk with my lawyer friend. Your advice is better than hers. most of her advice had to do with what happens after all communication breaks down;
her main good point was be sure you have the bike when you are negotiating. and she talked about small claims court.

I just got off the phone with Robinson Wheel, didn't get to talk to Chris, spoke to a young sounding fellow named Tim instead. He was mystified on how Smartcycle even had an unpainted Kountach model bike, that they come from Italy already painted, that they get sent to California ...
anyway, he expressed skepticism that the bike should have brazons on it even. and like Eden, he recommended the blade fenders. . .
argh.
Tomorrow I go to Elliott Bay Bike with the frame and will present my case to them. my husband wants me to send the bike back and get a Davidson instead.
Xeney, unless they talk me into keeping the bike tomorrow; i am going to do exactly what you are suggesting. Write a letter, email it and mail it registered mail, enumerating all his broken promises and asking for my money back. and arranging to return the bike.
The one thing i am sure about is that he will not follow through so I do not want to send the bike back to him "to make it right" and have him doing his passive aggressive thing on me for months and months, while the bike hangs in the back of his shop somewhere. I will not subject myself to that bs again.

[KnottedYet]

Was Chris at lunch or something?

Tim looks older than Chris (late 40's early 50's) from what I remember, but he does have a young voice.

Remember, if you get a Mondonico from Chris like Trek did, it will be custom made for you with all your specifications (room for fenders, etc like Trisk says); rather than a modified existing frame like Mr. DumpsterDiver is trying to shove off on you.

It will take longer, but might be worth it.